EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)(a)
(Issued under the Authority of the
Minister for Sustainability, Environment, Water, Population and Communities)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened ecological communities.
The purpose of this instrument is to amend the list of threatened ecological communities under section 181 of the Act in accordance with paragraph 184(1)(a) of the Act by including in the list in the endangered category:
- Coolibah – Black Box Woodlands of the Darling Riverine Plains and the Brigalow Belt South Bioregions
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of endangered ecological communities under subsection 182(2) of the Act.
The Committee concluded that the Coolibah – Black Box Woodlands of the Darling Riverine Plains and the Brigalow Belt South Bioregions ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 2 as endangered because it has a restricted distribution and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the near future;
- Criterion 4 as endangered because the reduction in integrity across most its range is severe as indicated by severe degradation of the community; and
- Criterion 5 as vulnerable because its rate of continuing detrimental change is substantial as indicated by a rate of continuing decline in its geographic distribution that is serious.
On the basis of the assessment and advice of the Committee, I am satisfied that this ecological community is eligible to be included in the endangered category. In deciding to include it in the list, I only considered matters that relate to whether the ecological community is eligible to be included in that category, and the effect that including the ecological community in that category could have on the survival of the ecological community.
Consultation on the nomination to amend the list of threatened ecological communities under the Act to include this ecological community was undertaken before the legislative instrument was made in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act. The nomination was placed on public exhibition, and public comments were sought as required by the Act. Parties with relevant expertise were directly consulted regarding their views. All public submissions received were forwarded to the Committee and to me for consideration.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia, ensuring that ecological communities and species are safeguarded against threats. This Act empowers the Commonwealth to take necessary actions to conserve threatened species and ecological communities. The instrument issued under section 184(1)(a) of this Act amends the list of threatened ecological communities by including the Coolibah – Black Box Woodlands of the Darling Riverine Plains and the Brigalow Belt South Bioregions in the endangered category. This amendment follows recommendations from the Threatened Species Scientific Committee, which determined that these communities met the criteria for endangered status due to restricted distribution, severe reduction in integrity, and substantial rates of detrimental change. The decision to include these communities in the endangered category was made after public consultation, ensuring that all relevant views and expertise were considered. The policy objective of this amendment is to provide enhanced protection for these vulnerable ecological communities, thereby supporting their conservation and survival.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth legislation that applies to all persons, entities, industries, and conduct within Australia that may impact upon matters of national environmental significance. This includes threatened species and ecological communities, which are listed under the Act. The Act extends its reach across the entire nation, providing a national framework for the protection and management of the environment. This particular instrument amends the list of threatened ecological communities under section 181 of the Act by including the Coolibah – Black Box Woodlands of the Darling Riverine Plains and the Brigalow Belt South Bioregions in the endangered category, based on the recommendations of the Threatened Species Scientific Committee. The instrument is issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities and it commenced on the day after it was registered on the Federal Register of Legislative Instruments. No exclusions or exemptions are stated in the text, but the Act may be extended or restricted through subordinate instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is amended by this instrument (F2011L00326) to include the Coolibah – Black Box Woodlands of the Darling Riverine Plains and the Brigalow Belt South Bioregions ecological community in the endangered category under section 181 (1). This amendment is made in accordance with section 184(1)(a) of the Act and follows a recommendation by the Threatened Species Scientific Committee (the Committee), which concluded that this ecological community meets the criteria for being endangered based on its restricted distribution, severe reduction in integrity, and substantial rate of continuing detrimental change.
The Act imposes several obligations on the Commonwealth regarding the protection and conservation of threatened ecological communities, as outlined in the Act. Specifically, section 180 requires the Commonwealth to take action to prevent the extinction of species and ecological communities listed as threatened. The inclusion of the Coolibah – Black Box Woodlands in the endangered category under section 181 further specifies the Commonwealth's responsibility to protect this ecological community, given its vulnerable status.
Breaching the obligations imposed by the Act can result in various civil and criminal consequences. Section 478 outlines offences related to the destruction or damage of listed threatened ecological communities, with penalties including fines and imprisonment. The maximum penalties for such offences can be significant, reflecting the seriousness of the ecological impact and the need for stringent enforcement of conservation measures. Compliance with the Act is crucial to avoid these legal repercussions and to support the preservation of endangered ecological communities.